Robert H. Jackson: Government

Robert H. Jackson was American judge. Explore interesting quotes on government.
Robert H. Jackson: 192   quotes 4   likes

“A Government to perform even a minimum of service to its people, must take steps to suppress avarice, to strike down privately built-up schemes of economic exploitation or oppression, to uproot privilege, and to assure justice and economic opportunity to the masses.”

Robert H. Jackson

New York Times Obituary (October 10, 1954)

People , Justice

“We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent.”

Robert H. Jackson

319 U.S. 641
Judicial opinions, West Virginia State Board of Education v. Barnette (1943)
Context: We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here is to be controlled by public opinion, not public opinion by authority.

“Let it not be overlooked that due process of law is not for the sole benefit of an accused. It is the best insurance for the Government itself against those blunders which leave lasting stains on a system of justice but which are bound to occur on ex parte consideration.”

Robert H. Jackson

Shaughnessy v. United States ex rel Mezei, 345 U.S. 206, 224–25 (1953)
Judicial opinions
Context: Procedural fairness, if not all that originally was meant by due process of law, is at least what it most uncompromisingly requires. Procedural due process is more elemental and less flexible than substantive due process. It yields less to the times, varies less with conditions, and defers much less to legislative judgment. Insofar as it is technical law, it must be a specialized responsibility within the competence of the judiciary on which they do not bend before political branches of the Government, as they should on matters of policy which compromise substantive law.
If it be conceded that in some way [that the agency could take the action it did], does it matter what the procedure is? Only the untaught layman or the charlatan lawyer can answer that procedure matters not. Procedural fairness and regularity are of the indispensable essence of liberty. Severe substantive laws can be endured if they are fairly and impartially applied. Indeed, if put to the choice, one might well prefer to live under Soviet substantive law applied in good faith by our common-law procedures than under our substantive law enforced by Soviet procedural practices. Let it not be overlooked that due process of law is not for the sole benefit of an accused. It is the best insurance for the Government itself against those blunders which leave lasting stains on a system of justice but which are bound to occur on ex parte consideration.

Justice , Law , Parting

“The priceless heritage of our society is the unrestricted constitutional right of each member to think as he will. Thought control is a copyright of totalitarianism, and we have no claim to it. It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.”

Robert H. Jackson

American Communications Association v. Douds, 339 U.S. 382, 442-43 (1950)
Judicial opinions
Context: The priceless heritage of our society is the unrestricted constitutional right of each member to think as he will. Thought control is a copyright of totalitarianism, and we have no claim to it. It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error. We could justify any censorship only when the censors are better shielded against error than the censored.

Error , Thinking

“It is hardly lack of due process for the Government to regulate that which it subsidizes.”

Robert H. Jackson

Wickard v. Filburn, 317 U.S. 131, 131 (1943)
Judicial opinions

“For a century every contest with the Supreme Court has ended in evading the basic inconsistency between popular government and judicial supremacy.”

Robert H. Jackson

Source: The Struggle for Judicial Supremacy: A Study in Crisis in American Power Politics (1941), P. vii

“No one will question that this power is the most dangerous one to free government in the whole catalogue of powers. It usually is invoked in haste and excitement when calm legislative consideration of constitutional limitation is difficult. It is executed in a time of patriotic fervor that makes moderation unpopular. And, worst of all, it is interpreted by judges under the influence of the same passions and pressures. Always, as in this case, the Government urges hasty decision to forestall some emergency or serve some purpose and pleads that paralysis will result if its claims to power are denied or their confirmation delayed.”

Robert H. Jackson

On the "war power"; Woods v. Cloyd W. Miller Co., 333 U.S. 138, 146 (1948) (concurring)
Judicial opinions

Question , Decision , Passion , Time

“No penance would ever expiate the sin against free government of holding that a President can escape control of executive powers by law through assuming his military role.”

Robert H. Jackson

Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) (concurring)
Judicial opinions

Law

“Often his name was, in a generation or two, forgotten. It was from this brotherhood that America has drawn its statesmen and its judges. A free and self-governing Republic stands as a monument for the little-known and unremembered as well as for the famous men of our profession.”

Robert H. Jackson

"Tribute to Country Lawyers: A Review", 30 A.B.A Journal 139 (1944)

Men

“Nothing better can come out of this meeting of law enforcement officers than a rededication to the spirit of fair play and decency that should animate the federal prosecutor. Your positions are of such independence and importance that while you are being diligent, strict, and vigorous in law enforcement you can also afford to be just. Although the government technically loses its case, it has really won if justice has been done.”

Robert H. Jackson

"The Federal Prosecutor" (1940)

Justice , Law , Animals

“When we went to school we were told that we were governed by laws, not men. As a result of that, many people think there is no need to pay any attention to judicial candidates because judges merely apply the law by some mathematical formula and a good judge and a bad judge all apply the same kind of law. The fact is that the most important part of a judge's work is the exercise of judgment and that the law in a court is never better than the common sense judgment of the judge that is presiding.”

Robert H. Jackson

Reported in Eugene Gerhart, America's Advocate: Robert H. Jackson (1958), p. 289

Men , People , School , Law

“There is no reason to doubt that this Court may fall into error, as may other branches of the Government. Nothing in the history or attitude of this Court should give rise to legislative embarrassment if, in the performance of its duty, a legislative body feels impelled to enact laws which may require the Court to reexamine its previous judgments or doctrine. [Footnote 52] The Court differs, however, from other branches of the Government in its ability to extricate itself from error. It can reconsider.”

Robert H. Jackson

Helvering v. Griffiths, 318 U.S. at 400-401 (1943).
Judicial opinions

Law , Error , Feeling , History

“Our forefathers found the evils of free thinking more to be endured than the evils of inquest or suppression. This is because thoughtful, bold and independent minds are essential to wide and considered self-government”

Robert H. Jackson

Quoted by Z. Chafee Jr. Atlantic Monthly (January 1955)

Thinking , Evil

“Government of limited power need not be anemic government. Assurance that rights are secure tends to diminish fear and jealousy of strong government, and by making us feel safe to live under it makes for its better support.”

Robert H. Jackson

319 U.S. 636
Judicial opinions, West Virginia State Board of Education v. Barnette (1943)

Fear , Jealousy , Feeling , Support

“The very purpose of the First Amendment is to foreclose public authority from assuming a guardianship of the public mind through regulating the press, speech and religion. In this field, every person must be his own watchman for truth, because the forefathers did not trust any government to separate the true from the false for us.”

Robert H. Jackson

Thomas v. Collins https://supreme.justia.com/cases/federal/us/323/516/, 323 U.S. 516 (1945) p. 323 U. S. 545

Truth , Personality , Falseness , Religion